Mittnacht v. Bache
Appellate Division of the Supreme Court of the State of New York
Appeal by' the defendants, Jules S. Bache and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 22d day of May, 1896, upon the verdict of a jury rendered by direction of the court, as said judgment was amended by an order entered in said clerk’s office on the 8th day of June, 1896, and also from an order entered in said clerk’s office on the 25th day of May, 1896, denying the…
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Appeal by' the defendants, Jules S. Bache and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 22d day of May, 1896, upon the verdict of a jury rendered by direction of the court, as said judgment was amended by an order entered in said clerk’s office on the 8th day of June, 1896, and also from an order entered in said clerk’s office on the 25th day of May, 1896, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Williams, J.:
The action was brought by William F. Croft, as executor and trustee of his deceased wife’s estate, to recover moneys of the estate, had and received by the defendants in 1894. The defendants were-stockbrokers, having their principal place of business in Hew York city, and a branch office in Saratoga, Hew York, the latter in charge of one Rosenheim, as manager. In July, 1894, William F. Croft went into the defendants’ Saratoga office and had a talk with the manager about general stock business and matters. He gave an order for the purchase of some stock, which was sent to Hew…
2Cases cited2 opinions
- Mayor v. FayNew York Supreme Court · 1889
- Rapp v. CareyNew York Court of Appeals · 1978
3Cited by3 opinions
- Smith v. MaineNew York Supreme Court · 1932
- Galbraith v. GalbraithAppellate Division of the Supreme Court of the State of New York · 1936
- Cohnfeld v. TanenbaumNew York Supreme Court · 1900